Review of legislation and its enforcement in ukraine in the framework of a project

REVIEW OF LEGISLATION AND ITS ENFORCEMENT IN UKRAINEin the framework of a project

‘Capacity Building for combating illegal waste transportation to Eastern Europe”

Kiev 18 march 2008

A. ORGANIZATION OF THE WORKSHOP

The first meeting in the frame of the project “Capacity Building for combating illegal waste transportation to Eastern Europe” was conducted in the Aarhus Centre of the Ministry of the Environment of Ukraine (MoE) in Kiev on 18 March 2008. The workshop was organized by the Organization for Security and Cooperation in Europe (OSCE) with the support of the MoE.

Objectives of the project are: 1) raising awareness of various authorities in charge on specifics of the Basel Convention and ways to improve security in regard with the transportation of hazardous waste and improving intersectoral cooperation, 2) increasing capacity for prevention and detection of the illegal waste transportation in Eastern Europe (Ukraine, Moldova, Belarus) which will also support implementation of the Basel Convention in the region. In the frame of the project it is planned to conduct an intersectoral workshop and two trainings for officers responsible for controlling transboundary transportation of hazardous waste.

A project is a part of the Environment and Security Initiative (ENVSEC), which is a partnership of such organizations as OSCE, UNDP, UNECE, UNEP, NATO and REC.

Objectives of the Meeting

The objectives of the workshop were: 1) to review procedures for transboundary transportation of hazardous waste in accordance with the Basel Convention, 2) to review current situation in Ukraine: legislation, procedures, and enforcement of the Basel Convention, 3) presentation of an idea of a training. An agenda of the workshop is attached in Annex 1.

Attendance

31 experts took part in the meeting. Majority of the participants were representatives of the following authorities of Ukraine: MoE, State environmental Inspectorate of the MoE, State Customs Service, Security Service, Council of National Security and Defense, Ministry of Finances, Ministry of Economy, Ministry of Justice, Ministry of Health, and State Border Service. A representative from an NGO, an expert from the Secretariat of the Basel Convention, Head of the Basel Convention Regional Centre - Bratislava and an official from the MoE of Belarus were among the workshop participants. A list of participants can be found in Annex 2.

a need to use such instruments as organizations (e.g. Interpol) and their networks (e.g. IMPEL, INECE), and various techniques (e.g. risk assessment, intersectoral and international cooperation, involvement of intelligence to investigation);

national enforcement needs to cover: regular assessment of feasibility of national laws and regulations (including penalties); strengthening an institutional framework; improvement of national co-ordination between various authorities; regular training of inspectors and lawmakers; raising public awareness.

Ms Lapesova made a presentation on activities of the Basel Convention Regional Centre - Bratislava and a system of control of transboundary movement of hazardous waste. Another presentation was devoted to a “Training manual on Illegal Traffic for Customs and Enforcement Agencies” (prepared by the Secretariat of the Basel Convention) and a training of officials who deal with transboundary transportation of hazardous waste (it took place in Bratislava in 200)6. The training can be a model for the training planned in the framework of the current project, while the training manual – a basis for it.

Mr Moyseenko and Mrs Nazarchuk from the Department of Environmental Security of the MoE made a presentation with a review of current national legislation, procedures and statistics on transboundary movement of hazardous waste in Ukraine. One of the principal conclusions of the presentation was that provisions of the Basel Convention are integrated to the national legislation. The following amendments to the current legislation:

to introduce written consent of oblast (administrative territorial division) authorities which are located on a transportation route of hazardous waste as a necessary document for a obtaining a permit for shipping of waste.

are being submitted for approval to the Cabinet of Ministers for the third time but due to the changes in the government, still have not been approved.

Mr Yevseyev, Head of the Department of Ecological Control and Radioactive Safety at the State Border (Environmental Inspectorate, MoE) informed about current situation at the border control sites and gave examples of violation of rules of transboundary movement of hazardous waste. It was also mentioned that suggestions of the Ministry of Finances and Ministry of Justice on a draft new law on transportation of goods via the state border (put forward by the State Environmental Inspectorate) considerably change the essence of the law and limit its impact on improvement of the conditions for transportation of hazardous waste.

Mr Skrylnikov, Head of NGO “Bureau of Environmental Investigations” drew attention at poor coordination of activities among various governmental bodies, which are responsible for various aspects of transportation of hazardous waste (e.g. MoE, Environmental Inspectorate, Customs Service, Ministry of Health, Security Service (Department of Iterpol), Border Service). Another point was that quite a volume of the waste is imported being labeled as raw materials. To prevent such cases it is necessary to introduce a system of forecasting and analysis of relevant legislation of other states (foreign intelligence service often deals with such tasks in the international practice) and teach personnel to use express methods to detect hazardous waste.

Heads of customs control sites stressed the need to improve instruments to control cargos and shipment documents (especially at ports). Another suggestion/recommendation was a purchase of express laboratories and improvement of cooperation with the Customs Service at the border.

Mrs Kuzmenok from the MoE of Belarus informed about a recent replacement of a system of insuring hazardous cargoes by (money) deposits in Belarus. Also a register of technologies have been developed in Belarus.

Mr Watkinson made an example of the Great Britain, where winning of a legal case against illegal carrier of hazardous waste drew lots of public attention on the issue and became a precedent for decrease of similar violations. In case of Ukraine, Security Service of Ukraine and Office of Prosecutor General could take a pro-active role in such cases.

C. CONCLUSIONS AND DECISIONSThe participants of the workshop came to the following conclusions and made the following decisions:

Regarding the improvement of the system of transboundary movement of hazardous waste (competence of involved authorities)

There is the insufficient coordination of activities among various authorities which deal with transboundary transportation of hazardous waste. Regarding this, it is recommended to consider setting up an intersectoral coordination body which consists of MoE, Environmental Inspectorate, Customs Service, Ministry of Health, Security Service (Department of Iterpol), Border Service, Council of National Security and Defense, Office of Prosecutor General. The Basel Convention also recommends setting up such a coordination body.

It is necessary to improve exchange of information on illegal transportation of hazardous waste among various authorities which operate at the border (Customs Service, Environmental Inspectorate, Security Service, Border Service).

To consider opportunities to organize study tours of Ukrainian officials to the border and customs sites of the Slovak Republic or other states bordering Ukraine on the west.

Regarding improvement of the system of transboundary transportation of hazardous waste (competence of the MoE)

To study the experience of Belarus regarding introduction of deposits instead of the insurances as well as on development of the register of technologies.

To appeal to the Office of the Prosecutor General to speed up investigation of “PREMIX” case.

To draw attention of administration of the MoE at a need to increase the number of staff of the Department of Ecological Control and Radioactive Safety at the State Border and Department of the Environmental Security of the MoE. There is also a need to supply the inspecting bodies of the MoE with new technologies and equipment to detect hazardous waste.

To consider publication on the website of the MoE of the register of permits for transboundary movement of chemicals and enterprises which are authorised to manage hazardous waste (issued by the MoE).

Regarding the workshop and the project (competence of the project manager)

Draft workshop report, an updated list of participants and the presentations will be sent out to participants in 10 days after the workshop. Comments on the draft workshop report should be sent to Ms Kutonova during a week after which the report will be considered approved and will be distributed.

The programme of the forthcoming trainings should include express non-analytical methods to identify hazardousness of the waste and common schemes of illegal transboundary movement of hazardous waste.

To consider publication of information and methodological materials on various aspects of implementation of the Basel Convention and their dissemination among stakeholders.

the OSCE project “Capacity Building for Combating Illegal Waste Transportation to Eastern Europe”

objectives of the meeting – Tamara Kutonova

9.40 – 10.05

Illegal transportation around the world: international and regional scope and tools to combat it - Roy Watkinson

10.05 – 10.30

The Basel Convention Regional Centre for Training and Technology Transfer for CEE in Bratislava – Work programme and services it can provide - Dana Lapesova

10.30 – 11.00

National procedures to address illegal transportation of the hazardous waste as defined by the Basel Convention - Roy Watkinson

11.00 – 11.20

Coffee break

11.20 – 13.15

Review of the current situation in Ukraine: cases / statistics, national legislation, procedures and mechanisms, implementation of the Basel Convention, responsibilities, measures to improve state of the art (Q&A after the presentations):